HFC BANK GH. LTD (PLAINTIFF) vs. OPTIMUM ENTERTAINMENT & 2ORS (DEFENDANT)

On the 23rd day of November, 2017, I granted an application filed by the purchaser/Applicant for the eviction of the Defendants/Respondents from House No. 28, Airport Hills, Martey Tsuru, Accra, which said property was sold at an auction on 21st February, 2017, on the orders of this Honourable Court. I reserved my reasons, which I now proceed to give. On the 21st February, 2017 the Applicant purchased property numbered 28, Airport Hills, Martey Tsuru, Accra, at a public Auction conducted on the orders of the Court. The applicant duly paid for the property sold. A certificate of purchase was accordingly issued to the applicant. The applicant, subsequently filed the present application to evict the respondents from the property he purchased at the auction. The respondents resist the application on the grounds that: 1. The application is incompetent; and 2. That premised upon fraud (primarily perpetrated post the auction sale) which vitiates all and was brought to the notice of the d...